051-1 Wyo. Code R. § 1-3

Current through April 27, 2019
Section 1-3 - Definitions used in Rules

(a) The following definitions are applicable for these rules.

  • (i) "Accredited Veterinarian" means an individual who is licensed to practice veterinary medicine and is accredited by the United States Department of Agriculture, Animal and Plant Health Inspection Service in the state where he or she practices.
  • (ii) "Agency" means the Wyoming Livestock Board, state agency 051, 2020 Carey Avenue, 4th Floor, Cheyenne WY 82002-0051, (307) 777-7515.
  • (iii) "Alley" means those common areas of a Livestock Market where animals traverse from a loading chute to a Pen, or from a Pen to another Pen or from a Pen to the Sale Ring and back to Pen or loading chute.
  • (iv) "Authorized Livestock Market Veterinarian" means an individual who is licensed to practice veterinary medicine in Wyoming, is accredited by the United States Department of Agriculture, Animal and Plant Health Inspection Service and is authorized by the Agency to perform prescribed and required duties at and for the Livestock Market. This individual is hired and compensated by the Livestock Market with the approval of the Wyoming State Veterinarian, the Agency and the United States Department of Agriculture, Animal and Plant Health Inspection Service, Area Veterinarian in Charge for Wyoming.
  • (v) "Biosecurity" means the measures taken to prevent disease agents from spreading to or from animal populations or premises where animals are confined.
  • (vi) "Bovine" means a ruminant mammal of the genus Bos and crossbred Bovine/Hybrid Animals regardless of age or gender.
  • (vii) "Brand" means a brand, mark or other Agency approved means of identification including any electronic device used for Bovine, Equine or Ovine identification as defined by W.S. § 11-20-101(viii).
  • (viii) "Brand Inspector" means an employee of the Agency who determines the ownership of Bovine, Equine or Ovine by physical inspection of the animal for Brands, other identifiable characteristics and by examination of proof of ownership documents.
  • (ix) "Brand Inspector Bill of Sale" means a form or certificate created and issued by the Agency to Brand Inspectors for the purposes of replacing a Livestock bill of sale originally given from one party to another that documents the change of ownership of Bovine, Equine or Ovine.
  • (x) "Brand Inspection Form" means an official form issued by the Agency used to transfer title of Bovine, Equine or Ovine or an official form issued by an agency in the state of origin that is responsible for Animal identification listing all of the identification marks of a specific animal.
  • (xi) "Brand Inspection Form G" means an official form used to document the movement of Bovine, Equine or Ovine intrastate to a Wyoming Livestock Market and for the movement of Bovine or Equine interstate to Livestock Markets in St. Onge and Belle Fourche, South Dakota.
  • (xii) "Brand Inspector Tally" means an official form issued by the Agency used to record the sale of Bovine, Equine or Ovine at a Livestock Market.
  • (xiii) "Brand Inspection Yard Book" means a book or electronic data base recording the arrival and dispersal of Livestock kept by the Brand Inspectors at a Livestock Market.
  • (xiv) "Brucellosis Quarantine Eligible" means sexually intact Bovine heifers under twelve (12) months of age to be vaccinated for Brucellosis pursuant to Agency Chapter 2 Rules or imported heifers to be spayed pursuant to Agency Chapter 2 Rules.
  • (xv) "Certificate of Veterinary Health Inspection" means an official form documenting the health status of an animal contingent on visual inspection by an Accredited Veterinarian. A Certificate of Veterinary Health Inspection is valid for thirty (30) days after issuance.
  • (xvi) "CFR" means the Code of Federal Regulations.
  • (xvii) "Commingle" means combining or mixing animals belonging to different owners.
  • (xviii) "Commission Basis" means receiving remuneration from the buyer, the seller, or the proceeds of the transaction beyond reimbursement for actual costs incurred and with the expectation of deriving a profit there from.
  • (xvix) "Consignment Ticket" means a multi part form created and supplied by Livestock Market Management that must be filled out for each Consignor's consignment. One part of the form must be placed on the Alley side Pen gate where the consignment of animals is confined at the Livestock Market. The Consignment Ticket must contain the Consignor's name, address, species and gender of Livestock.
  • (xx) "Consignor" means any person who consigns, ships, or delivers Livestock to a Livestock Market for storage, handling, or sale.
  • (xxi) "Direct Movement" means movement in which the animals are not unloaded en route to their final destination and not Commingled with another producer's animals.
  • (xxii) "Equine" means a herbivorous mammal that for the purposes of these rules means asses, horses and mules.
  • (xxiii) "Farm or Ranch of Origin" means the farm or ranch on which Livestock, owned by one person or entity, have resided immediately prior to being consigned to a Livestock Market.
  • (xxiv) "Hybrid Animal" means an animal produced by crossing species or subspecies of animals.
  • (xxv) "Immediate Rendering" means the processing of an animal carcass within three (3) working days at a Recognized Rendering Establishment.
  • (xxvi) "Immediate Slaughter" means the slaughter of an animal within three (3) working days at a Recognized Slaughter Establishment.
  • (xxvii) "Internet and Video Livestock Sales" means any form of internet or video livestock marketing where Consignors and buyers interact with the expressed purpose of changing ownership of livestock.
  • (xxviii) "Intrastate Quarantine" means an official document issued by the Agency on Wyoming origin animals that restricts the movement of specified animals and sets forth requirements regarding testing, containment or dispersal of the specified animals.
  • (xxix) "Livestock" means any Bison, Bovine, Caprine, Equine, Ovine or Porcine.
  • (xxx) "Livestock Dealer" means a person engaged in the business of buying or selling livestock in commerce, either for his own account or as an employee or agent of the seller or buyer; or any person engaged in the regular business of buying or selling livestock in commerce on a Commission Basis. Livestock Dealer does not include any person who buys or sells livestock as part of his own bona fide breeding, feeding, showing, dairy, meat, or wool production operation; any person who takes a security interest, including liquidation of that interest, in livestock in the ordinary course of his business; or any person who buys occasionally but not as a part of his regular business.
  • (xxxi) "Livestock Market" means a place operated for profit as a public market place consisting of pens or enclosures and their appurtenances, in which Livestock are received, held for sale, sold or offered for sale at either public auction or private sale, except that this definition does not apply to:
    • A. Any place used solely for a dispersal sale of the livestock of a farmer, dairyman, livestock breeder or feeder who is discontinuing business; or
    • B. Any place where an association of breeders of livestock assembles, offers for sale and sells under its own management registered livestock or breeding sires, if the association assumes all responsibility of the sale and guarantees title to the livestock and arranges for the proper inspection of all animals sold.
  • (xxxii) "Livestock Market Management" means any owner, manager or employee of the Livestock Market who is responsible in any manner for its operation.
  • (xxxiii) "Non-Ambulatory Animal" means an animal that is incapable of standing and moving on its own.
  • (xxxiv) "Overflow Pen" means those Pens which are not normally used to hold Livestock prior to a sale. Overflow Pens may not constitute over 25% of the Livestock Market's Pens.
  • (xxxv) "Ovine" means a ruminant mammal of the genus Ovis.
  • (xxxvi) "Pen" means those common areas of a Livestock Market where Livestock is confined prior to and after being offered for sale.
  • (xxxvii) "Porcine" means an omnivorous mammal of the genus Suis.
  • (xxxviii) "Quarantine" means an official document issued by the Agency that restricts the movement of specified animals and sets forth requirements regarding testing, import, containment or dispersal of the specified animals.
  • (xxxix) "Quarantine Pen" means a Pen located in an area of the Livestock Market that prohibits Commingling of Livestock and approved by a State or Federal Representative where diseased or suspected diseased Livestock must be isolated. A Quarantine Pen will be marked with a white metal sign bearing the words Quarantine Pen in six (6) inch black lettering. The flooring of a Quarantine Pen must be constructed of an impervious surface.
  • (xl) "Recognized Rendering Facility" means any rendering facility approved by the Agency where animal by products are processed.
  • (xli) "Recognized Slaughter Establishment" means any slaughter establishment operating under the provision of the Federal Meat Inspection Act of 1906, and as amended, or the Wyoming Food Safety Rule of 2000, and as amended. These documents are available to the public at the office of the Agency.
  • (xlii) "Reportable Disease" means a disease required by state statute or Agency rule and those diseases contained on List A and List B of the Office International Des Epizooties to be reported to the Wyoming State Veterinarian and the United States Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Services.
  • (xliii) "Sale Ring" means that area where Livestock are displayed in a Livestock Market where the public may bid with the intention of purchasing the Livestock.
  • (xliv) "State or Federal Representative" means the Wyoming State Veterinarian or his designee or the United States Department of Agriculture, Animal and Plant Health Inspection Service, Area Veterinarian in Charge for Wyoming or Veterinary Medical Officer.
  • (xlv) "Temporary and Restricted Livestock Sales License" means a document created and issued by the Agency that allows the applicant to offer Livestock for sale under specific guidelines and for a specific amount of time.
  • (xlvi) "Trichomoniasis Quarantine Eligible" means a sexually intact male Bovine to be tested for Trichomoniasis pursuant to Agency Chapter 15 Rules.
  • (xlvii) "USDA/APHIS/VS" means the United States Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Services.
  • (xlviii) "USDA/GIPSA" means the United States Department of Agriculture, Grain Inspection, Packers and Stockyards Administration.
  • (xlix) "VS Form 1-27" means an official restricted movement document created and supplied by the USDA/APHIS/VS and issued by an Accredited Veterinarian or the Authorized Livestock Market Veterinarian.

051-1 Wyo. Code R. § 1-3